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Chicago examiner hi ta " fc i Â£)"&& ing cloudiness sunday rain or snow }Â£. a i y at night and monday increasing j(2 v ' southeast winds and warmer sun j9 wt day shifting to northwest and cold imgl . a*jjj er monday t^r vol x no 34 a m sunday c Chicago february 20 1910 sunday ]|| this edition consists of mi m 1-ifiws 7 editobiaiv wv oka 2â€”^oaÃŸioh anisic fs^ji â– ",Â¥ 3 â€” autos bâ€”drama.8 â€” drama . vtv^j i : w 4 â€” sports society t'jf v'l 6 â€” classified 9 magazine 3 ft\i 6 seaii estate 10 coxxc mb jw markets jjj price five cents employes hurt by reckless fellows should be paid says nagel cabinet member tells Chicago employers that co-service rule is antiquated change in law urged principle of contributory neg ligence should stand he teiis commercial club secretary of corauieree and labor charles nagel to an audience of employers ineu whose enterprises furnish work for the treat bulk of chicago's working population â€” declared last night that the fellow servant rule of common law was an antiquated and unjust tenet which should lie abolished in every stare his address was delivered at a banquet of the Chicago commercial club iu the gold room of the congress hotel with employ ers liability for his theme while he denounced the rule that eaves an employer from liability for injuries caused by negligence of fellow employes he took a firm stand in favor of the com mon law provision that an employer is notj liable for injuries occasioned by contribu 1 tory negligence on the part of the employe : himself thinks state should bear burden to make an employer pay for the reck lessness of an employe he said would be to make the employer bear u burden that properly belongs to the state and which should home out of the common revenue the government itself lie pointed out in assuming liability toward its own em ployes stops short of recklessness the greatest source of injustice to em ployes injured while at work secretary xagel said has been the burdens of liti gation and measures looking to easy and ready adjustment of such rights as may be given is as important he believes as the right to recover damages itself jit nage spoke as follows i oeneve that some of the legislation hearing upon this subject is justified by a wholesome modification of the j ories while some that is advocated may be in danger of shooting beyond i the mark of safety employers liabil ity and employes insurance are sus ceptible of clear distinction and or many degrees and accordingly it is j impossible for any one to give a cate gorical answer to the general proposi tion to repeat 1 have no question about the right the propriety and the wisdom of such legislation up to a certain point , take for illustration the common law j rule by which the employers liability , was fixed in case of accident to an employe it is hardly necessary at this time to say that that rule was anti quated and that under modern coudi i tions it rested upon a false promise | it rested upon the theory that every j laborer was not only acquainted with ! the co-laborers but that in some mat ure he had a right to elect his asso j date greater change invited the modification ol that rule was a belated recognition of changed condi tions and the long postponement of that modification had much to do with inviting a greater demand tor change than might otherwise have been had but with its elimination the doctrine o contributory negligence still re mained at the present time legislation is en deavoring to formulate a rule more in keeping with the modern conception of the true relation between employer and employe and it may ou justly said that these changes are in line with the standards which the most far-sighted proprietors have quietly adopted one difficulty in judging of the abuses to which such a rule may have been put consists in the fact that we are apt to get a one-sided impression here as everywhere our attention id called to the hardships so manifested in endless and costly litigation and we are unmindful of the multitude of instances in which proprietors of their own mo tion have waived the technical rights of the law and have by their own con bent shaped new rules and customs af fording a larger measure of justice and quity to their employes i have no hesitation therefore in say ing that modifications of this character whether they be said to involve a mere change in the rules of evidence or a hitting of the burden of responsibility seem to me to bo unquestionably wise the question is where shall the line be drawn shall the liability for accident or death be made absolute in every case nd shall the employer be responsible for anything in any measure in a case in which the employe is solely and ex clusively responsible for the mishap old basis abandoned to put is broadly shall the employer be compelled io pay for the reckless ness of his employe if that be the contention we abandon the basis upon which the employer's liability has so far stood such legislation would plainlv declare for compulsory charity paternalism pure and simple and the purpose would be as i see it to make the emplover bear a burden which be longs to the state and which should come if paid at all out of the com mon revenue the suggestion now i-s that the state shall provide for compulsory pensions in private employment it is insisted that funds shall be created either by contribution of the employer alone or hy the joint coutrihutiou of both em ployer and employe out of which un der stated conditions after the ex piration of certain periods of time or otherwise insurance or pensions may lie paid to those who have served a riven eopceru or who tor one reason lr another suffer disability t eannot res ; st the conclusion that at tug point we would depart from ac jl'oted doetriue end at this poiut a revision for compensation la case of scolder i attributable to recklessness on oart of the employe and a i e t : ""; paid in obedience io the law without wedme?'askschanler wait says cavalieri astor's millionaire grandson admits popping question and says it's up to mademoiselle new yop.k feb m robert winthrop chanler millionaire grandson of john jacob astor has lost his heart to the fas'-luatlng mile lina cavalieri soprano of the manhattan opera house forces the erstwhile sheriff of dutchess county now a devotee of the art of painting has proposed marriage to the charming song bird and mile cavarieri is thinking it oyer sheriff bob as his friends still call him confessed it all to-day and did not h&sitate to sa.v that his heart was all a-flutter with anxiety mr chanler popped the question to the beautiful singer something like three weeks ago and while way down in his heart he is beginning to think it's time he found out his fate be is willing to keep on waiting in the fond hope that the verdict will not be a refusal mr chanler was found this afternoon at his studio in fifth avenue the former leader of dutchess county's democracy was found actively engaged in putting the finishing touches on an immense painting of aboriginal life mr chanler was asked if it was true he was engaged to marry mile cavalieri don't know that is haven't heard yet was the reply i asked mademoiselle if she would marry me and she hasn't said the word ail up to her you see and sheriff bob grinned amiably l'p to the anspnia the reporter went to try to ascertain from mile cavalieri if she had come to any decision as to sheriff bob inquiry met with the response that mile cavalieri had to sing at the man hattan at night that she was resting and could not be disturbed jumps amid ice floes and drowns in river iw j leonhardt leaves money on bank before taking fatal plunge police and firemen clash calmly removing and placing on the ban his coat hat vest and 31.3 in money i wuliam 1 leonhardt iast night plunged to death among the floating ice of the chi cago river at congress and market streets while the suicide's mother at a later j hour was beseeching the authorities to [ give her her son's body officials of the i police and lire departments became involved in a clash with jhe result that all efforts to secure it were abandoned at a time when recovery might have been possible the dispute was caused by the refusal of cue ftre department to lend either the fire boat or fie small launch which frequently is used iu the search for bodies in the river the police lost their grappling irons which became snagged on j rock soon after the search vvas begun a letter addressed to leouhardts mother mrs dorothea leonhardt was found in his coat i am a nervous wreck he wrote . sometimes everything is dbrk before me the strain has been too severe the past three weeks forgive me the dead man was department manager for the national casket company he was forty years old and unmarried he lived with hto mother and brother at 5314 calumet avenue gary to build palace steel magnate buys armour site for u.000.000 home new ork feb 19 elbert 11 gary chairman of the directors of the united states steel corporation has purchased from the armour estate the site at the southeast corner of fifth avenue and sixty-seventh street and will erect there a house costing 51.000,000 the fact of mr gary's purchase and his intention to build a town bouse became known for the first time to-day the site is at present occupied bv the bouse where h o armour and his family lived for many years and where his widow mrs jennie 1 armour has lived since her husband's death in 1891 the price paid by mr c.arv could not be learned the demolition of the armour house will be begun in two weeks 500 fall in a theater one dead many injured when the audience drop to basement johnstowx pa feb 19 five hundred men women as children were precipi tated to the basement of the opera house at patton penn a small town near this city during a theatrical performance and one at least is known to be dead several fatally injured and scores hart and burned two stoves used to heat the small auditorium were overturned and set lire to the clothes of the struggling vic tims but quick action on the part of a volunteer lire company prevented a holo caust the supports of the building which is very primiilve to be used for theatrical purposes gave way under the pressure of an tai usually large audience and caused the accident shippy buys son a farm ! former police chief gets 100 acre | for fii.ooo 5,000 t'uÃŸli | oklahoma city okla i'ek 19 george m shippy has purchased for his son who is a student in the state agri cultural college of Illinois a tract of 100 acres of land three miles south nf nor man okla in cleveland counfv the eon-i slderatiou being 11;000 it is understood j that the amount was paid in cash b:il snippy says he paid 5,000 in cash shlpnv ! denies that he has purchased any property iu oklahoma city or that he contemplates i locating here he is the guest of k a j linndall a brother-in-law and says he will reiiiaiii here about three weeks mac veagh to keep post tyasheigton fel 10 a posltiv.e | statement was made at the treasury i e 'â– apartment to-dny that there was no truth i j in the report that secretary macveagh was ! contemplating retiring from office because lof ill health the secretary has not talke.l i about such a possibility even to his close ; friends cold in the throat has kept the j secretary indoors now for more than a j week he is gradually recovering his istrength seek oriental drug in rich girl's death physicians believe east in dian poison killed lucille clark london beauty told how it felt to die young woman described ap proaching numbness until heart stopped xew i'okk feb 10 the mystery of the death last friday at the hotel grenoble by some unknown poison of lucille clark the beautiful young english girl is still unsolved coroner's physician john j o'haulon who performed an autopsy to day admits that the case baffles him the only thine about which he is absolutely positive is that the girl did not die of ptomaine poisoning on friday morning the unfortunate young girl died on sat urday all the organs of her body were found to be so badly decomposed that it was not possible to tell what had caused j the death and the wreck of all the tissues of the body coroner hellenstein is also at sea but he makes a surmise which may be nearer the truth than be knows the action of this stran;ge person and the sudden decomposition of this young girl's body are things which i cannot understand or explain it may be the work of some east india poison of which we know nothing friend of the chamberlains mfas clark was a beautiful and refined english girl the daughter of a distin guished english army officer sister of two young officers now on the ocean returning i from india to england an intimate friend of the family of the lit hon joseph chamberlain and known to many others prominent in the most exclusive set in london society she had planned a trip to santa barbara cai with mr and mrs francis try of london when she was taken ill though miss clark had friends in xew york the doctors and the trained nurse were the only ones at her bedside when j she died and her passing was attended hy i circumstances as pitiful and a mystery as : dark as ever awaited at a d.enth.bod the strange part of it is that the girl's i j mind remained active to the last she lay there without pain feeling the numb ness creeping over her body and wonder ing about it and she traced the approach ing death until it reached her heart then there was a short sharu struggle and un consciousness intervened the doctors who were present administered oxygeti and digitalis but there wns no change in her condition she was dead five minutes after she lost consciousness believe poison caused death from preliminary examinations made to day by experts it has been determined that miss clark's death wns caused by a poison which was introduced into her blood by some strauge agency at present unknown tiie poison made its first appearance late monday night after miss clark had been out with a party of friends the first den-tor who was called in treated miss clark for ptomaine poisoning diagnosing ; her symptoms as being those of that | malady coroner helleustein ami the physician who performed the autopsy are j certain that ptomaine poisoning bad noth ing whatever to do with miss clark's death poisoning by diet or by inoculation were then the only theories left open to i the experts who have been at work on | the case there were no traces of poison 1 ing by diet and this left the question of poisoning by inoculation to be consid ered a careful investigation will be made to discover whether the young wom an died from a poison introduced into her blood by means of a scratch or a cut had indian jewelry fad it is knowu that miss clark had but one fad that of collecting indian jewelry among her treasures were several rare ornaments sent her from ludia by her father and her brothers a search will be made to-morrow to find out whether any of these pieces of jewelry contain secret receptacles for poison similar to those used by east indians for the secret as sassination of their enemies the effect of the strange poison which ended miss clark's life is similar to that of east indian blood poisons such as the deadly malay poison or the better kuown south american poisou curari the nurse states that death attacked miss clark's extremities first and that iier hands and feet died simultaneously some hours be fore ihe poison reached her vital organs her brain remained alive until the last even after her heart had been attacked should coroner hellenstein's surmise prove correct that death was caused by sonic subtle east indian poisou the work ings f which are not known to physicians iu this country it would devolve upon those who are investigating this straii"e cise to make an examination of miss clark's indian jewelry in order to ascer tain whet tier she poisoned herself by acci dent or died the victim of a plot to put he cut of the way all miss clark's jew elry is in the hands of the coroner i is understood thai one of miss clark's brothers is captain f w clark of lon don an officer of the king's lloyal rifles some lime ago it was reported lie bad be come engaged to blanche louise barrett a beautiful Chicago woman the divorced j wife of frederick 1 bowers a sonir writer of new york in moo bowers sued george m pullman jr for 103 u00 for alleged alienation of her affections tillman rests easier senator who 1m critically 111 bet ter than in twenty-four hoars washington feb in senator till man who is critically ill was slightly im proved to-night the bulletin issued by his physicians at s p in states that the outlook for the senator was better than it bail hÂ»en in twenty-four hours the phy sicians have left him for the night and unless the nurses discover a change for the worse in the senator's condition they col roosevelt takes off flesh but puts on whiskers in africa ex-president hunt almost ended plans lectures at berlin paris and oxford by a j lambert special correspondent of the Chicago examiner with the roosevelt party special cable to the examiner fy ondokoro soudan on the upper nile feb | / 19 â€” when i first saw colonel roosevelt f v/t emerging from the african jungle i scarcely e >Â£^ recognized him when i said good-by to him at nairobi last may he was stout â€” sunburned of course but bare-faced except for the historical mus \ tache i when i welcomed him at gondokoro yesterday i saw a bronzed lean man with a long heavy beard all of the party are in fact bearded and scarcely . recognizable even kermit has a downy growth all i over his cheeks and looks like the pictures of char acters in the oberammergau passion play colonel roosevelt wore the same khaki suit which he wore at nairobi and it showed many evidences of this year's african outing looks younger than ever but the wearer looked younger than ever walked with a long swing stride and seemed strong and fit to slay a dozen trusts before breakfast colonel roosevelt decided to-day that he will stay for a week in and about ragaf and then begin his work of preparing the lectures which he is to deliver in paris berlin christiania and oxford he also decided to-day that his itinerary after leaving khartoum will include a visit to memphis hen cairo italy buda pest vienna paris brussels holland christiania berlin and london judging from the contents of his correspondence preparations have been made for him to meet every leading states man of europe and to afford him the opportunity to familiarize himself with the affairs of the world at first hand colonel roosevelt's appearance at gondokoro was as picturesque and spectacular as though it had been arranged by tho stage manager of a broadway theater it was early morning and in the distance the note of a bugle breaking the absolute stillness of the soudan was the first intimation of the caravan's ap proach then was seen a long thin train of porters ; carrying tents trunks etc the heads of the bearers were scarcely discernible as they came winding snake-like in and out of the luxuriant woods which cover the hills and valleys en j compassing gondokoro , _ . . native chief leads caravan the caravan was headed with a drum and bugle corps belonging to the native chief kiriba who per . sonally led the procession then came the huge stars and stripes that have been borne with the expedition since its start now very much faded and badly tat tered but it was the american flag all right and was greeted with an american cheer the caravan marched through the only street of the town the porters shouting their ceaseless chants the bugles blaring and the drums throbbing and ! thrumming like mad the fearful din was kept up until the banks of the nile were reached where the roosevelt party boarded tfcs special staÂ»aiÂ«r rodjaf the steamer by the way grounded on a sand bank when the start was made for ragaf but got clear after an hour's delay mr roosevelt kermit and cunninghame will try to secure a missing species of antelope while hunting at ragai rooseuelt with whiskers here is how he would look 1 king edward vii style 2 president fallieres style 3 j ham lewis style vatican officials w orried over roosevelt's coming visit to rome special cable to the examiner home feb 19 â€” mgr farley had a long interview with cardinal merry del val the papal secretary of state thursday on the fairbanks incident and also on the more serious prospect arising in connection with ex-president roosevelt's visit colonel roosevelt also has promised to make an address before the american methodist body here and although the vatican authorities are intensely anxious to honor him the pope must adhere to the precedent he has set in the fairbanks case jf colonel roosevelt's audience with the pope is arranged immediately on his arrival in rome he will be enabled to address the methodist society after ward the vatican authorities are anxious to have it rfn derstbod that their objection is not to any protestant visitor addressing his own co-religionists but that owing to the methods of this particular community and its attitude to the vatican it is impossible for a pope to receive anybody who identifies himself with these methods 200,000 fund to mark cheney's service congregation will observe bishop's 50 years of ministry by perpetuation church in present location ou march 13 next the venerable bishop charles edward cheney will have com pleted a service of fifty consecutive years as rector of christ reformed episcopal church michigan avenue and twenty fourth street and to celebrate the memor able event unique among churches of the present day the congregation is raising a fund of 200,000 ' the fund will be known as the bishop cheney memorial iv,nd and will be placed in trust for the purpose of maintaining old christ church in its present location vestrymen of the church who like every member of the congregation are the warm admirers of bishop cheney are raising the fund and its success is now assured it has been the desire of bishop cheney's heart in his later years that christ church should be kept in its present ideation bishop cheney regards the church almost as a child of his own business has made serious inroads on the avenue which was once tiie city's best residential street sev eral times it has seemed as if christ church must go like many other churches of the neighborhood farther out now its location in the old neighborhood is practically established for all time o come philadelphia strikers burn cars and stone passengers rioters catch police unaware when men quit work system at a standstill philadelphia pa feb 19.-for the second time in nine months the union mo tormcn and conductors of the rapid tran sit company went on strike to-day to-night the street car system was virtu ally paralyzed the company tried to op crate only a few of the more important lines kloting was general throughout ken sington this evening many persons were injured by flying bricks and stones two trolley cars were burned and three others were wrecked while the police made wholesale arrests of the rioters the worst disturbance occurred along kensington avenue between somerset and clearfield streets where at leas 10,000 strike sympathizers assembled they seemed eager for trouble and a call was sent for a special detail of policemen before they arrived the crowd broke loose cars coming up kensington av enue were held up stones and bricks were hurled freely at the trolleys and crews small boys dodged behind the cars and pulled the poles from the wires while the police seemed helpless to stop the proceedings in the midst of the excitement two of the cars snddenlvjjurst into flames adj alarm was sounded and several fire engines responded plowing through the crowds they started playing streams of water on the cars with occasional squirts that scat tered the bolder part of the throng crowd ing too close to the scene the arrival of the reinforcements from the station house broke up the more vio lent demonstrations a number of arrests were made claims of the uuiou leaders to-night were that more than g,ooo men most of them members of their organization had obeyed the order to strike the number who had gmie out was estimated by the company at 2,500 union men held meetings near the dif ferent barns to-night and were addressed by c o pratt national organizer of the union who led them in the strike last june john j murphy president of the central labor union and other men promi nent in the ranks of labor in this city the order to quit work was issued with the consent of the national officers of the amalgamated association of street and electric employes this morning by the of j^ials of the local union it went into sfa j^fc^tt^i clock i afternoon city courts are threatened by the upset of parole law municipal system declared to be invalid because of the clause in the act pro viding for expenditures civil judgments which have aggregated 5,000,000 to be jeopardized if attack on the law is successful deneen holds up call for ex tra session until supreme court decides state's mo tion for hearing on decision , , qnestlon as to the constitutionality of the Chicago municipal court act has been raised as a result of the decision of the : Illinois supreme court holding the parole law invalid the statute is attacked on the ground that like the parole law it violates the provision of the constitution by which it is unlawful for a bill making appropria 'â– tion for the salaries of officers of the gov ernment to treat of any other subject should the municipal ctourt law he de clared unconstitutional civil judgments rendered in that court which have aver aged 5,000,000 a year in the aggregate might be jeopardized the attack on the talidlry of the act was made yesterday by andrew t powers an assistant state's attorney stationed at the harrison street court chief justice i olson of the municipal court also sharply criticised the act anil announced he would i seek to secure a number of amendments in it but he refused to commit himself on the question of constitutionality raised by powers gflbert holds law good the criticism of powers was made light of by attorney hiram t gilbert former state representative who drafted the mu nicipal court bill chief justice ofeon admitted a number of flaws had been discovered in the bill one of these flawa he said was responsible for the supreme court ruling denying the court jurisdiction in felony eases except for preliminary hearing all parts of the municipal court law that relate to tile salary of judges clerks and bailiffs as well as court costs and fees i believe are null and void said poweri these provisions constitute a separate and different subject from the act estab lishing a new court they are not and cannot be expressed in the title which reads an act in relation to the municipal court the law in question is the dn!y one creating a court in this state which a tempts in the same act to ax salaris that matter is all provided for by a special act entitled an act concerning lees inl salaries " calls criticism trivial everything contained in the municipal court law is sufficiently expressed iu lis title said attorney gilbert the crit icism against it is trivial and there is no real parallel between it and the so-called parole law the supreme court held the latter act unconstitutional because beside revising the law in relation to the sentence and commitment of persons convicted of crime and providing for a parole system it named the compensation for members of the board of pardons that was in violation of section 16 art icle iv of the constitution which says bills making appropriations â€¢ * * for the salaries of the officers of the govern ment shall contain no provisions on any other subject this prohibition relates solely to appropriations of money out of the state treasury it has no relation whatever to an act fixing the salaries of county or city officers or any other officer except state officers the municipal court net does not make any appropriation for state funds or any other funds for that matter it fixes the salaries of city offi cers and the money paid is appropriated by ordinance of the city council judges are in doubt some of the municipal court judges are in doubt it is said whether they are state or city officers chief justice olson in his forthcoming annual report will recommend a number of amendments in the municipal court act the court was created for the speedy handling of criminal cases he said yes terday but the supreme court has re moved felonies from our jurisdiction the municipal court is a failure so far as criminal cases are concerned judges might just as well determine felony cases in their courts inasmuch as they often hear all the evidence in preliminary examination to achieve this reform we must either estab lish a municipal court grand jury or else abolish the grand jury system making it legal to proceed on information only state wants rehearing attorney general stead took steps yes terday to end the chaos growing out of the supreme court decision in the joseph a joyce case declaring the parole law un constitutional and throwing many other laws in doubt notice was served uion prank it held attorney for joyce that application would be made by the state for a rehearing a rehearing can he had before april r^ued on 2d page 4th column

Chicago examiner hi ta " fc i Â£)"&& ing cloudiness sunday rain or snow }Â£. a i y at night and monday increasing j(2 v ' southeast winds and warmer sun j9 wt day shifting to northwest and cold imgl . a*jjj er monday t^r vol x no 34 a m sunday c Chicago february 20 1910 sunday ]|| this edition consists of mi m 1-ifiws 7 editobiaiv wv oka 2â€”^oaÃŸioh anisic fs^ji â– ",Â¥ 3 â€” autos bâ€”drama.8 â€” drama . vtv^j i : w 4 â€” sports society t'jf v'l 6 â€” classified 9 magazine 3 ft\i 6 seaii estate 10 coxxc mb jw markets jjj price five cents employes hurt by reckless fellows should be paid says nagel cabinet member tells Chicago employers that co-service rule is antiquated change in law urged principle of contributory neg ligence should stand he teiis commercial club secretary of corauieree and labor charles nagel to an audience of employers ineu whose enterprises furnish work for the treat bulk of chicago's working population â€” declared last night that the fellow servant rule of common law was an antiquated and unjust tenet which should lie abolished in every stare his address was delivered at a banquet of the Chicago commercial club iu the gold room of the congress hotel with employ ers liability for his theme while he denounced the rule that eaves an employer from liability for injuries caused by negligence of fellow employes he took a firm stand in favor of the com mon law provision that an employer is notj liable for injuries occasioned by contribu 1 tory negligence on the part of the employe : himself thinks state should bear burden to make an employer pay for the reck lessness of an employe he said would be to make the employer bear u burden that properly belongs to the state and which should home out of the common revenue the government itself lie pointed out in assuming liability toward its own em ployes stops short of recklessness the greatest source of injustice to em ployes injured while at work secretary xagel said has been the burdens of liti gation and measures looking to easy and ready adjustment of such rights as may be given is as important he believes as the right to recover damages itself jit nage spoke as follows i oeneve that some of the legislation hearing upon this subject is justified by a wholesome modification of the j ories while some that is advocated may be in danger of shooting beyond i the mark of safety employers liabil ity and employes insurance are sus ceptible of clear distinction and or many degrees and accordingly it is j impossible for any one to give a cate gorical answer to the general proposi tion to repeat 1 have no question about the right the propriety and the wisdom of such legislation up to a certain point , take for illustration the common law j rule by which the employers liability , was fixed in case of accident to an employe it is hardly necessary at this time to say that that rule was anti quated and that under modern coudi i tions it rested upon a false promise | it rested upon the theory that every j laborer was not only acquainted with ! the co-laborers but that in some mat ure he had a right to elect his asso j date greater change invited the modification ol that rule was a belated recognition of changed condi tions and the long postponement of that modification had much to do with inviting a greater demand tor change than might otherwise have been had but with its elimination the doctrine o contributory negligence still re mained at the present time legislation is en deavoring to formulate a rule more in keeping with the modern conception of the true relation between employer and employe and it may ou justly said that these changes are in line with the standards which the most far-sighted proprietors have quietly adopted one difficulty in judging of the abuses to which such a rule may have been put consists in the fact that we are apt to get a one-sided impression here as everywhere our attention id called to the hardships so manifested in endless and costly litigation and we are unmindful of the multitude of instances in which proprietors of their own mo tion have waived the technical rights of the law and have by their own con bent shaped new rules and customs af fording a larger measure of justice and quity to their employes i have no hesitation therefore in say ing that modifications of this character whether they be said to involve a mere change in the rules of evidence or a hitting of the burden of responsibility seem to me to bo unquestionably wise the question is where shall the line be drawn shall the liability for accident or death be made absolute in every case nd shall the employer be responsible for anything in any measure in a case in which the employe is solely and ex clusively responsible for the mishap old basis abandoned to put is broadly shall the employer be compelled io pay for the reckless ness of his employe if that be the contention we abandon the basis upon which the employer's liability has so far stood such legislation would plainlv declare for compulsory charity paternalism pure and simple and the purpose would be as i see it to make the emplover bear a burden which be longs to the state and which should come if paid at all out of the com mon revenue the suggestion now i-s that the state shall provide for compulsory pensions in private employment it is insisted that funds shall be created either by contribution of the employer alone or hy the joint coutrihutiou of both em ployer and employe out of which un der stated conditions after the ex piration of certain periods of time or otherwise insurance or pensions may lie paid to those who have served a riven eopceru or who tor one reason lr another suffer disability t eannot res ; st the conclusion that at tug point we would depart from ac jl'oted doetriue end at this poiut a revision for compensation la case of scolder i attributable to recklessness on oart of the employe and a i e t : ""; paid in obedience io the law without wedme?'askschanler wait says cavalieri astor's millionaire grandson admits popping question and says it's up to mademoiselle new yop.k feb m robert winthrop chanler millionaire grandson of john jacob astor has lost his heart to the fas'-luatlng mile lina cavalieri soprano of the manhattan opera house forces the erstwhile sheriff of dutchess county now a devotee of the art of painting has proposed marriage to the charming song bird and mile cavarieri is thinking it oyer sheriff bob as his friends still call him confessed it all to-day and did not h&sitate to sa.v that his heart was all a-flutter with anxiety mr chanler popped the question to the beautiful singer something like three weeks ago and while way down in his heart he is beginning to think it's time he found out his fate be is willing to keep on waiting in the fond hope that the verdict will not be a refusal mr chanler was found this afternoon at his studio in fifth avenue the former leader of dutchess county's democracy was found actively engaged in putting the finishing touches on an immense painting of aboriginal life mr chanler was asked if it was true he was engaged to marry mile cavalieri don't know that is haven't heard yet was the reply i asked mademoiselle if she would marry me and she hasn't said the word ail up to her you see and sheriff bob grinned amiably l'p to the anspnia the reporter went to try to ascertain from mile cavalieri if she had come to any decision as to sheriff bob inquiry met with the response that mile cavalieri had to sing at the man hattan at night that she was resting and could not be disturbed jumps amid ice floes and drowns in river iw j leonhardt leaves money on bank before taking fatal plunge police and firemen clash calmly removing and placing on the ban his coat hat vest and 31.3 in money i wuliam 1 leonhardt iast night plunged to death among the floating ice of the chi cago river at congress and market streets while the suicide's mother at a later j hour was beseeching the authorities to [ give her her son's body officials of the i police and lire departments became involved in a clash with jhe result that all efforts to secure it were abandoned at a time when recovery might have been possible the dispute was caused by the refusal of cue ftre department to lend either the fire boat or fie small launch which frequently is used iu the search for bodies in the river the police lost their grappling irons which became snagged on j rock soon after the search vvas begun a letter addressed to leouhardts mother mrs dorothea leonhardt was found in his coat i am a nervous wreck he wrote . sometimes everything is dbrk before me the strain has been too severe the past three weeks forgive me the dead man was department manager for the national casket company he was forty years old and unmarried he lived with hto mother and brother at 5314 calumet avenue gary to build palace steel magnate buys armour site for u.000.000 home new ork feb 19 elbert 11 gary chairman of the directors of the united states steel corporation has purchased from the armour estate the site at the southeast corner of fifth avenue and sixty-seventh street and will erect there a house costing 51.000,000 the fact of mr gary's purchase and his intention to build a town bouse became known for the first time to-day the site is at present occupied bv the bouse where h o armour and his family lived for many years and where his widow mrs jennie 1 armour has lived since her husband's death in 1891 the price paid by mr c.arv could not be learned the demolition of the armour house will be begun in two weeks 500 fall in a theater one dead many injured when the audience drop to basement johnstowx pa feb 19 five hundred men women as children were precipi tated to the basement of the opera house at patton penn a small town near this city during a theatrical performance and one at least is known to be dead several fatally injured and scores hart and burned two stoves used to heat the small auditorium were overturned and set lire to the clothes of the struggling vic tims but quick action on the part of a volunteer lire company prevented a holo caust the supports of the building which is very primiilve to be used for theatrical purposes gave way under the pressure of an tai usually large audience and caused the accident shippy buys son a farm ! former police chief gets 100 acre | for fii.ooo 5,000 t'uÃŸli | oklahoma city okla i'ek 19 george m shippy has purchased for his son who is a student in the state agri cultural college of Illinois a tract of 100 acres of land three miles south nf nor man okla in cleveland counfv the eon-i slderatiou being 11;000 it is understood j that the amount was paid in cash b:il snippy says he paid 5,000 in cash shlpnv ! denies that he has purchased any property iu oklahoma city or that he contemplates i locating here he is the guest of k a j linndall a brother-in-law and says he will reiiiaiii here about three weeks mac veagh to keep post tyasheigton fel 10 a posltiv.e | statement was made at the treasury i e 'â– apartment to-dny that there was no truth i j in the report that secretary macveagh was ! contemplating retiring from office because lof ill health the secretary has not talke.l i about such a possibility even to his close ; friends cold in the throat has kept the j secretary indoors now for more than a j week he is gradually recovering his istrength seek oriental drug in rich girl's death physicians believe east in dian poison killed lucille clark london beauty told how it felt to die young woman described ap proaching numbness until heart stopped xew i'okk feb 10 the mystery of the death last friday at the hotel grenoble by some unknown poison of lucille clark the beautiful young english girl is still unsolved coroner's physician john j o'haulon who performed an autopsy to day admits that the case baffles him the only thine about which he is absolutely positive is that the girl did not die of ptomaine poisoning on friday morning the unfortunate young girl died on sat urday all the organs of her body were found to be so badly decomposed that it was not possible to tell what had caused j the death and the wreck of all the tissues of the body coroner hellenstein is also at sea but he makes a surmise which may be nearer the truth than be knows the action of this stran;ge person and the sudden decomposition of this young girl's body are things which i cannot understand or explain it may be the work of some east india poison of which we know nothing friend of the chamberlains mfas clark was a beautiful and refined english girl the daughter of a distin guished english army officer sister of two young officers now on the ocean returning i from india to england an intimate friend of the family of the lit hon joseph chamberlain and known to many others prominent in the most exclusive set in london society she had planned a trip to santa barbara cai with mr and mrs francis try of london when she was taken ill though miss clark had friends in xew york the doctors and the trained nurse were the only ones at her bedside when j she died and her passing was attended hy i circumstances as pitiful and a mystery as : dark as ever awaited at a d.enth.bod the strange part of it is that the girl's i j mind remained active to the last she lay there without pain feeling the numb ness creeping over her body and wonder ing about it and she traced the approach ing death until it reached her heart then there was a short sharu struggle and un consciousness intervened the doctors who were present administered oxygeti and digitalis but there wns no change in her condition she was dead five minutes after she lost consciousness believe poison caused death from preliminary examinations made to day by experts it has been determined that miss clark's death wns caused by a poison which was introduced into her blood by some strauge agency at present unknown tiie poison made its first appearance late monday night after miss clark had been out with a party of friends the first den-tor who was called in treated miss clark for ptomaine poisoning diagnosing ; her symptoms as being those of that | malady coroner helleustein ami the physician who performed the autopsy are j certain that ptomaine poisoning bad noth ing whatever to do with miss clark's death poisoning by diet or by inoculation were then the only theories left open to i the experts who have been at work on | the case there were no traces of poison 1 ing by diet and this left the question of poisoning by inoculation to be consid ered a careful investigation will be made to discover whether the young wom an died from a poison introduced into her blood by means of a scratch or a cut had indian jewelry fad it is knowu that miss clark had but one fad that of collecting indian jewelry among her treasures were several rare ornaments sent her from ludia by her father and her brothers a search will be made to-morrow to find out whether any of these pieces of jewelry contain secret receptacles for poison similar to those used by east indians for the secret as sassination of their enemies the effect of the strange poison which ended miss clark's life is similar to that of east indian blood poisons such as the deadly malay poison or the better kuown south american poisou curari the nurse states that death attacked miss clark's extremities first and that iier hands and feet died simultaneously some hours be fore ihe poison reached her vital organs her brain remained alive until the last even after her heart had been attacked should coroner hellenstein's surmise prove correct that death was caused by sonic subtle east indian poisou the work ings f which are not known to physicians iu this country it would devolve upon those who are investigating this straii"e cise to make an examination of miss clark's indian jewelry in order to ascer tain whet tier she poisoned herself by acci dent or died the victim of a plot to put he cut of the way all miss clark's jew elry is in the hands of the coroner i is understood thai one of miss clark's brothers is captain f w clark of lon don an officer of the king's lloyal rifles some lime ago it was reported lie bad be come engaged to blanche louise barrett a beautiful Chicago woman the divorced j wife of frederick 1 bowers a sonir writer of new york in moo bowers sued george m pullman jr for 103 u00 for alleged alienation of her affections tillman rests easier senator who 1m critically 111 bet ter than in twenty-four hoars washington feb in senator till man who is critically ill was slightly im proved to-night the bulletin issued by his physicians at s p in states that the outlook for the senator was better than it bail hÂ»en in twenty-four hours the phy sicians have left him for the night and unless the nurses discover a change for the worse in the senator's condition they col roosevelt takes off flesh but puts on whiskers in africa ex-president hunt almost ended plans lectures at berlin paris and oxford by a j lambert special correspondent of the Chicago examiner with the roosevelt party special cable to the examiner fy ondokoro soudan on the upper nile feb | / 19 â€” when i first saw colonel roosevelt f v/t emerging from the african jungle i scarcely e >Â£^ recognized him when i said good-by to him at nairobi last may he was stout â€” sunburned of course but bare-faced except for the historical mus \ tache i when i welcomed him at gondokoro yesterday i saw a bronzed lean man with a long heavy beard all of the party are in fact bearded and scarcely . recognizable even kermit has a downy growth all i over his cheeks and looks like the pictures of char acters in the oberammergau passion play colonel roosevelt wore the same khaki suit which he wore at nairobi and it showed many evidences of this year's african outing looks younger than ever but the wearer looked younger than ever walked with a long swing stride and seemed strong and fit to slay a dozen trusts before breakfast colonel roosevelt decided to-day that he will stay for a week in and about ragaf and then begin his work of preparing the lectures which he is to deliver in paris berlin christiania and oxford he also decided to-day that his itinerary after leaving khartoum will include a visit to memphis hen cairo italy buda pest vienna paris brussels holland christiania berlin and london judging from the contents of his correspondence preparations have been made for him to meet every leading states man of europe and to afford him the opportunity to familiarize himself with the affairs of the world at first hand colonel roosevelt's appearance at gondokoro was as picturesque and spectacular as though it had been arranged by tho stage manager of a broadway theater it was early morning and in the distance the note of a bugle breaking the absolute stillness of the soudan was the first intimation of the caravan's ap proach then was seen a long thin train of porters ; carrying tents trunks etc the heads of the bearers were scarcely discernible as they came winding snake-like in and out of the luxuriant woods which cover the hills and valleys en j compassing gondokoro , _ . . native chief leads caravan the caravan was headed with a drum and bugle corps belonging to the native chief kiriba who per . sonally led the procession then came the huge stars and stripes that have been borne with the expedition since its start now very much faded and badly tat tered but it was the american flag all right and was greeted with an american cheer the caravan marched through the only street of the town the porters shouting their ceaseless chants the bugles blaring and the drums throbbing and ! thrumming like mad the fearful din was kept up until the banks of the nile were reached where the roosevelt party boarded tfcs special staÂ»aiÂ«r rodjaf the steamer by the way grounded on a sand bank when the start was made for ragaf but got clear after an hour's delay mr roosevelt kermit and cunninghame will try to secure a missing species of antelope while hunting at ragai rooseuelt with whiskers here is how he would look 1 king edward vii style 2 president fallieres style 3 j ham lewis style vatican officials w orried over roosevelt's coming visit to rome special cable to the examiner home feb 19 â€” mgr farley had a long interview with cardinal merry del val the papal secretary of state thursday on the fairbanks incident and also on the more serious prospect arising in connection with ex-president roosevelt's visit colonel roosevelt also has promised to make an address before the american methodist body here and although the vatican authorities are intensely anxious to honor him the pope must adhere to the precedent he has set in the fairbanks case jf colonel roosevelt's audience with the pope is arranged immediately on his arrival in rome he will be enabled to address the methodist society after ward the vatican authorities are anxious to have it rfn derstbod that their objection is not to any protestant visitor addressing his own co-religionists but that owing to the methods of this particular community and its attitude to the vatican it is impossible for a pope to receive anybody who identifies himself with these methods 200,000 fund to mark cheney's service congregation will observe bishop's 50 years of ministry by perpetuation church in present location ou march 13 next the venerable bishop charles edward cheney will have com pleted a service of fifty consecutive years as rector of christ reformed episcopal church michigan avenue and twenty fourth street and to celebrate the memor able event unique among churches of the present day the congregation is raising a fund of 200,000 ' the fund will be known as the bishop cheney memorial iv,nd and will be placed in trust for the purpose of maintaining old christ church in its present location vestrymen of the church who like every member of the congregation are the warm admirers of bishop cheney are raising the fund and its success is now assured it has been the desire of bishop cheney's heart in his later years that christ church should be kept in its present ideation bishop cheney regards the church almost as a child of his own business has made serious inroads on the avenue which was once tiie city's best residential street sev eral times it has seemed as if christ church must go like many other churches of the neighborhood farther out now its location in the old neighborhood is practically established for all time o come philadelphia strikers burn cars and stone passengers rioters catch police unaware when men quit work system at a standstill philadelphia pa feb 19.-for the second time in nine months the union mo tormcn and conductors of the rapid tran sit company went on strike to-day to-night the street car system was virtu ally paralyzed the company tried to op crate only a few of the more important lines kloting was general throughout ken sington this evening many persons were injured by flying bricks and stones two trolley cars were burned and three others were wrecked while the police made wholesale arrests of the rioters the worst disturbance occurred along kensington avenue between somerset and clearfield streets where at leas 10,000 strike sympathizers assembled they seemed eager for trouble and a call was sent for a special detail of policemen before they arrived the crowd broke loose cars coming up kensington av enue were held up stones and bricks were hurled freely at the trolleys and crews small boys dodged behind the cars and pulled the poles from the wires while the police seemed helpless to stop the proceedings in the midst of the excitement two of the cars snddenlvjjurst into flames adj alarm was sounded and several fire engines responded plowing through the crowds they started playing streams of water on the cars with occasional squirts that scat tered the bolder part of the throng crowd ing too close to the scene the arrival of the reinforcements from the station house broke up the more vio lent demonstrations a number of arrests were made claims of the uuiou leaders to-night were that more than g,ooo men most of them members of their organization had obeyed the order to strike the number who had gmie out was estimated by the company at 2,500 union men held meetings near the dif ferent barns to-night and were addressed by c o pratt national organizer of the union who led them in the strike last june john j murphy president of the central labor union and other men promi nent in the ranks of labor in this city the order to quit work was issued with the consent of the national officers of the amalgamated association of street and electric employes this morning by the of j^ials of the local union it went into sfa j^fc^tt^i clock i afternoon city courts are threatened by the upset of parole law municipal system declared to be invalid because of the clause in the act pro viding for expenditures civil judgments which have aggregated 5,000,000 to be jeopardized if attack on the law is successful deneen holds up call for ex tra session until supreme court decides state's mo tion for hearing on decision , , qnestlon as to the constitutionality of the Chicago municipal court act has been raised as a result of the decision of the : Illinois supreme court holding the parole law invalid the statute is attacked on the ground that like the parole law it violates the provision of the constitution by which it is unlawful for a bill making appropria 'â– tion for the salaries of officers of the gov ernment to treat of any other subject should the municipal ctourt law he de clared unconstitutional civil judgments rendered in that court which have aver aged 5,000,000 a year in the aggregate might be jeopardized the attack on the talidlry of the act was made yesterday by andrew t powers an assistant state's attorney stationed at the harrison street court chief justice i olson of the municipal court also sharply criticised the act anil announced he would i seek to secure a number of amendments in it but he refused to commit himself on the question of constitutionality raised by powers gflbert holds law good the criticism of powers was made light of by attorney hiram t gilbert former state representative who drafted the mu nicipal court bill chief justice ofeon admitted a number of flaws had been discovered in the bill one of these flawa he said was responsible for the supreme court ruling denying the court jurisdiction in felony eases except for preliminary hearing all parts of the municipal court law that relate to tile salary of judges clerks and bailiffs as well as court costs and fees i believe are null and void said poweri these provisions constitute a separate and different subject from the act estab lishing a new court they are not and cannot be expressed in the title which reads an act in relation to the municipal court the law in question is the dn!y one creating a court in this state which a tempts in the same act to ax salaris that matter is all provided for by a special act entitled an act concerning lees inl salaries " calls criticism trivial everything contained in the municipal court law is sufficiently expressed iu lis title said attorney gilbert the crit icism against it is trivial and there is no real parallel between it and the so-called parole law the supreme court held the latter act unconstitutional because beside revising the law in relation to the sentence and commitment of persons convicted of crime and providing for a parole system it named the compensation for members of the board of pardons that was in violation of section 16 art icle iv of the constitution which says bills making appropriations â€¢ * * for the salaries of the officers of the govern ment shall contain no provisions on any other subject this prohibition relates solely to appropriations of money out of the state treasury it has no relation whatever to an act fixing the salaries of county or city officers or any other officer except state officers the municipal court net does not make any appropriation for state funds or any other funds for that matter it fixes the salaries of city offi cers and the money paid is appropriated by ordinance of the city council judges are in doubt some of the municipal court judges are in doubt it is said whether they are state or city officers chief justice olson in his forthcoming annual report will recommend a number of amendments in the municipal court act the court was created for the speedy handling of criminal cases he said yes terday but the supreme court has re moved felonies from our jurisdiction the municipal court is a failure so far as criminal cases are concerned judges might just as well determine felony cases in their courts inasmuch as they often hear all the evidence in preliminary examination to achieve this reform we must either estab lish a municipal court grand jury or else abolish the grand jury system making it legal to proceed on information only state wants rehearing attorney general stead took steps yes terday to end the chaos growing out of the supreme court decision in the joseph a joyce case declaring the parole law un constitutional and throwing many other laws in doubt notice was served uion prank it held attorney for joyce that application would be made by the state for a rehearing a rehearing can he had before april r^ued on 2d page 4th column